Today the Supreme Court denied review in three high profile cases. In each case, Justices Thomas and Alito wrote separately. In two cases, Justice Gorsuch wrote separately. And in one case, Justice Kavanaugh would have granted cert. In all cases, Justice Barrett remained silent.
First, the Court denied cert in Boston Parent Coalition for Academic Excellence Corp v. The School Committee For the City of Boston. This case challenged the affirmative action policies of Boston Public Schools, where there as overt evidence of discrimination against Asian students. The First Circuit, following the Fourth Circuit's lead in Coalition for TJ v. Fairfax County School Board, rejected the Fourteenth Amendment claim because Asian students were "still over-represented."
Justice Gorsuch wrote a statement respecting the denial of cert in the Boston case. Here, Boston had changed its policy, and the plaintiffs had not challenged the new policy. Gorsuch observed:
